Wilshire wShares Enhanced Gold Trust Sample Contracts

TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • March 10th, 2021 • Wilshire wShares Enhanced Gold Trust • Commodity contracts brokers & dealers • New York

THIS AGREEMENT is made as of the 25th day of November, 2020, by and between WILSHIRE wSHARES ENHANCED GOLD TRUST (the “Trust”) and THE BANK OF NEW YORK MELLON, a New York corporation authorized to do a banking business having its principal office and place of business at 240 Greenwich Street, New York, New York 10286 (the “Bank”).

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CUSTODY AGREEMENT By and Between THE BANK OF NEW YORK MELLON And WILSHIRE wSHARES ENHANCED GOLD TRUST
Custody Agreement • March 10th, 2021 • Wilshire wShares Enhanced Gold Trust • Commodity contracts brokers & dealers • New York

This Custody Agreement is made and entered into as of the latest date set forth on the signature page hereto (the “Effective Date”) by and between THE BANK OF NEW YORK MELLON, a New York state chartered bank (“BNY Mellon”), and WILSHIRES wSHARES ENHANCED GOLD TRUST, a Delaware statutory trust (“Customer”). BNY Mellon and Customer are collectively referred to as the “Parties” and individually as a “Party”.

FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • March 10th, 2021 • Wilshire wShares Enhanced Gold Trust • Commodity contracts brokers & dealers • New York

THIS AGREEMENT is made as of November 25th, 2020 (this “Agreement”) by and between Wilshire wShares Enhanced Gold Trust, a Delaware statutory trust (the “Trust”) and The Bank of New York Mellon, a New York corporation authorized to do a banking business (“BNY Mellon”).

Certain identified information has been excluded from the exhibit because it is both not material and would likely cause competitive harm to the Trust if publicly disclosed.]
Allocated Precious Metals Accounts Agreement • December 18th, 2020 • Wilshire wShares Enhanced Gold Trust • Commodity contracts brokers & dealers

This Agreement is based upon the ALLOCATED PRECIOUS METALS ACCOUNTS AGREEMENT as published by London Precious Metals Clearing Limited, with such modifications as are appropriate to the services to be provided.

DATED NOVEMBER __, 2020
Unallocated Precious Metals Accounts Agreement • December 18th, 2020 • Wilshire wShares Enhanced Gold Trust • Commodity contracts brokers & dealers

This Agreement is based upon the UNALLOCATED PRECIOUS METALS ACCOUNTS AGREEMENT as published by London Precious Metals Clearing Limited, with such modifications as are appropriate to the services to be provided.

MARKETING AGENT AGREEMENT
Marketing Agent Agreement • December 18th, 2020 • Wilshire wShares Enhanced Gold Trust • Commodity contracts brokers & dealers • New York

THIS AGREEMENT is made and entered into as of this 18th day of March 2020 by and among United States Gold and Treasury Investment Trust, a Delaware statutory trust (the "Trust" or the "Client"), which is sponsored by Wilshire Phoenix Funds LLC, a Delaware limited liability company (the "Sponsor"), and Foreside Fund Services, LLC, a Delaware limited liability company ("Foreside").

WILSHIRE wSHARES ENHANCED GOLD TRUST FORM OF AUTHORIZED PARTICIPANT AGREEMENT
Authorized Participant Agreement • December 18th, 2020 • Wilshire wShares Enhanced Gold Trust • Commodity contracts brokers & dealers • New York

This Authorized Participant Agreement (the "Agreement"), dated as of __________, 20__ is entered into by and among ________________ (the "Authorized Participant"), Wilshire wShares Enhanced Gold Trust (the "Trust"), and Wilshire Phoenix Funds LLC, as sponsor of the Trust (the "Sponsor").

Certain identified information has been excluded from the exhibit because it is both not material and would likely cause competitive harm to the Trust if publicly disclosed.] SPONSOR REPRESENTATIVE SERVICES AGREEMENT
Sponsor Representative Services Agreement • December 18th, 2020 • Wilshire wShares Enhanced Gold Trust • Commodity contracts brokers & dealers • New York

This SPONSOR REPRESENTATIVE SERVICES AGREEMENT (the “Agreement”) is made as of this 16th day of December 2020, by and among Exchange Traded Concepts, LLC, an Oklahoma limited liability company (the “Representative”), Wilshire wShares Enhanced Gold Trust, a Delaware trust (the “Trust”), and sponsored by Wilshire Phoenix Funds LLC, a Delaware limited liability company (the “Sponsor”). The activities of the Trust are described in the Registration Statement on Form S-1 (File No. 333-235913) (the “Registration Statement”) relating to the public offer and sale of interests in the Trust. Any defined terms used in the Agreement and not defined herein shall have the meanings ascribed to those terms in the Registration Statement.

AGREEMENT ON INDEX CALCULATION (the “Agreement”)
Index Calculation Agreement • September 10th, 2020 • Wilshire wShares Enhanced Gold Trust • Commodity contracts brokers & dealers
WILSHIRE PHOENIX FUNDS LLC, as Sponsor and DELAWARE TRUST COMPANY, as Delaware Trustee AMENDED AND RESTATED TRUST AGREEMENT WILSHIRE wSHARES ENHANCED GOLD TRUST Dated as of December [ _ ], 2020
Trust Agreement • December 18th, 2020 • Wilshire wShares Enhanced Gold Trust • Commodity contracts brokers & dealers • Delaware
SUBLICENSE AGREEMENT
Sublicense Agreement • March 10th, 2021 • Wilshire wShares Enhanced Gold Trust • Commodity contracts brokers & dealers • New York

This Sublicense Agreement (this “Agreement”) is made as of March 5th, 2021, by and between Wilshire wShares Enhanced Gold Trust, a Delaware statutory trust (the “Trust”) and Wilshire Phoenix Funds LLC, a Delaware limited liability company, in its capacity as sponsor of the Trust (the “Sponsor”).

WHOLESALE MARKETING AGREEMENT
Wholesale Marketing Agreement • June 21st, 2021 • Wilshire wShares Enhanced Gold Trust • Commodity contracts brokers & dealers • Delaware

THIS WHOLESALE MARKETING AGREEMENT (the “Agreement”) is entered into effective as of the 14th day of June, 2021 (the “Effective Date”), by and among Wilshire wShares Enhanced Gold Trust, a Delaware statutory trust (the “Trust”), Wilshire Phoenix Funds LLC, a Delaware limited liability company (the “Sponsor”), UMB Distribution Services, LLC (“UMB”) and Valor Consulting & Distribution, LLC, an Ohio limited liability company (“Valor”).

FIRST AMENDMENT TO MARKETING AGENT AGREEMENT
Marketing Agent Agreement • September 10th, 2020 • Wilshire wShares Enhanced Gold Trust • Commodity contracts brokers & dealers • New York

This first amendment (the “Amendment”) to the Marketing Agent Agreement (the “Agreement”) dated as of March 18, 2020 by and among United States Gold and Treasury Investment Trust, a Delaware statutory trust (the “Trust”), which is sponsored by Wilshire Phoenix Funds LLC (the “Sponsor”), and Foreside Fund services, LLC (“Foreside”) is entered into as of August 24, 2020 (the “Effective Date”).

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